Alberta justices speak up about independence after premier muses about directing the courts

Alberta chief justices from all three levels of the court system have issued a rare public message underlining the importance of judicial independence.

Though the Tuesday statement provides no context, it comes on the heels of comments about judicial authority made by Premier Danielle Smith, who said on her Saturday radio show that she wishes she could “direct the judges.”

Judges almost never speak publicly beyond decisions they issue in court.

The letter, published on the Alberta Courts website, is signed by acting Chief Justice of Alberta Dawn Pentelechuk, Court of King’s Bench Chief Justice Kent Davison and James Hunter, Chief Justice of the Alberta Court of Justice.

The three judges wrote that the separation between the executive, legislative and judicial branches of government is essential to a functioning democracy.

“It is equally important that each branch respect and support the independence of the others,” they said.

“Independence of the judicial branch protects the public. It ensures judges can make decisions based solely on the law and evidence presented. It frees judges from pressure or influence from external sources including the governments that appoint us.”

The justices added that they are Albertans, “like the people we serve.

“We are proud of the work judges and staff do every day to protect the rights of all Albertans and to safeguard our democracy.”

In response to questions about the chief justices’ public statement Tuesday, Smith’s press secretary Sam Blackett said, "While recent court rulings have rightfully led Albertans and Canadians alike to question aspects of our criminal justice system, our government respects the role of each branch of government and supports their independence."

Court of Justice spokesperson Olav Rokne said the judges' statement "is an educational piece aimed at public misunderstandings of the role of the courts and the role of justices."

The judicial system came up on 880 CHED’s Your Province, Your Premier call-in show, when a caller brought up the ongoing Justin Bone second-degree murder trial.

He pointed to the fact that Bone was out on bail conditions, including staying away from Edmonton, when he was arrested and charged with killing two men in the city’s Chinatown district.

He asked Smith why Alberta can’t make its own bail rules to “tune these judges in” when it comes to releasing people who pose a risk to public safety.